Harlow v. Bartlett
Massachusetts Supreme Judicial Court
Contract or tort, for negligence in the sale of certain articles of personal property. Writ dated September 21,1895. The first count of the declaration alleged that, in February or March, 1892, the defendants, as copartners, were real estate agents and brokers in Boston, and were then employed as such by the plaintiff to sell certain furniture belonging to her; that they, acting as her agents, notified her that one Patten would purchase the property for $1,200, and she…
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Contract or tort, for negligence in the sale of certain articles of personal property. Writ dated September 21,1895. The first count of the declaration alleged that, in February or March, 1892, the defendants, as copartners, were real estate agents and brokers in Boston, and were then employed as such by the plaintiff to sell certain furniture belonging to her; that they, acting as her agents, notified her that one Patten would purchase the property for $1,200, and she informed them that she would accept the offer; whereby they became bound to exercise due care, and to exercise their best…
1Opinion of the CourtMorton, J.
There are two questions in this case : first, whether the decree in the suit in equity brought by the plaintiff against the defendants and one Llewellyn H. Bartlett is a bar to this action ; secondly, whether there is any evidence warranting a verdict for the plaintiff.
The declaration contains two counts, one in contract, and one in tort,—both for the same cause of action. The court ruled that the decree was a bar to the count in tort, but not to the *591count in contract, and to so much of this ruling as held that the decree was not a bar to the count in contract, as well as to the refusal to…
2Cases cited4 opinions
- Foye v. PatchMassachusetts Supreme Judicial Court · 1882
- Stark v. StarrSupreme Court of the United States · 1877
- Gaylord v. PellandMassachusetts Supreme Judicial Court · 1897
- Barnard v. CoffinMassachusetts Supreme Judicial Court · 1884
3Cited by18 opinions
- Sandler v. SilkMassachusetts Supreme Judicial Court · 1935
- Institution for Savings in Newburyport & Its Vicinity v. PufferMassachusetts Supreme Judicial Court · 1909
- Sherman v. WerbyMassachusetts Supreme Judicial Court · 1932
- Abbott v. BeanMassachusetts Supreme Judicial Court · 1936
- Tebbetts v. RickartSupreme Court of Missouri · 1913
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